HomeMy Public PortalAbout1994-11-15 Regular MeetingZUO
5. ordinances Second Reacting/Putlic Hearing__ None
6. Ordinance - First Reading: The Ordinance was read. by
title, by Mayor Spiegel authorizing the transfer of funds within
the General Fund Budget. Mr. Gross explained in the past, at year
end, the Council has authorized the transfer when monies are needed
from one department to another. Mayor Spiegel explained the
transfer is for S-.100 to be transferred from Fund Balance to
department 521 Police.
A motion was offered by Councilman Boggess and seconded by
Councilman Hirsch' to enact this Ordinance. The motion carried
with the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank
aye: councilman Boggess aye: Councilman Hirsch' aye: Counci'man
Taplin ace; this becoming
ORDINANCE NO. 399
AN EMERGENCY ORDINANCE OF BAL HARBOUR VILLAGE.
FLORIDA TRANSFERRING FUNDS RETROACTIVELY
WITHIN THE GENERAL, FUND BUDGET FOR FISCAL YEAR
1993-1994.
Resolutions: None
S. American Riviera Art Fair International - Request
Permission for the Placement of Signs: Howard Miller
President of the firm Howard Miller Communication, introduced
Maurice Pitchon and Laura Rosa of The American Rivera Art Fair
International, who are his clients. He then proceeded to give a
background on Arafi 94. The fair will represent forty five
galleries from around the world. with over twenty participating
countries. He further explained they have asked for no financia:
support from the Village, but have included Bat Harbour Village in
all of their international public relations and advertising. He
continued to explain the fair will open on November 24th and close
on November 28th. Mr. Miller explained they will customize flags
that can be hung off of the light posts. The flags will recognize
and welcome all the people coming internationally to Arafi 94. He
further explained the flags will be taken down right after the fair
ends.
Councilman Taplin questioned where will the flags be placed. Mr.
Miller replied the flags would be hung wherever the Village would
allow. He further explained they would like to place the flag; on
Collins Avenue and on 96th Street.
Councilman Boggess questioned the design of the flag. Mr. Miller
replied they will use the art work that has been used for the fair.
He then proceeded to dispiay a copy of this art work to the
Council.
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207
Assistant Mayor Blank questioned the number of flags that are being
considered. Mr. Miller replied whatever the Village would allow.
Mayor Spiegel stated no flags are placed on 96th Street at this
time. The only places that flags are placed are on Collins Atenue
and in Founders Circle. She further stated the Village will issue
a Proclamation that can be placed on an easel in the hotel. She
then requested literature should be given to the Village's
Administrative Assistant, and she will take care of the
Proclamation. She continued to explain, if the Council agrees to
the placement of the flags, you would have to meet with the Village
Manager to discuss sizes and the number flags.
Councilman Taplin questioned who would install the flags. Mr.
Miller replied they would incur the expense of installation and
removal. Councilman Taplin then proceeded to question if the art
would be for sale. Mr. Miller replied yes.
Mayor Spiegel questioned if the fair will be open to the public.
Mr. Miller replied yes, but there will he an admission charge of
$7.00 for adults, and $3.50 for senior citizens and students.
Assistant Mayor Blank stated he believes this affair will
compliment Bal Harbour Village and Bal Harbour will compliment the
Arifi affair. He would therefore be in favor of the installation
of the flags.
Mr. Gross stated that the Village would need a deposit for the
removal of the flags. as well as insurance policy of one million
dollars. Mayor Spiegel again reminded Mr. Miller once the Council
approves the placement of the flags. it would be necessary to meet
with Mr. Gross to review all the details.
A motion was offered by Councilman Taplin and seconded by Assistant
Mayor Blank to approve the placement of the banners. Discussion
followed. Mr. Weiss advised the motion should include the
following, for the time period for placement on November 19th and
removed November 29th, to be placed on lightposts on Collins Avenue
and 96th Street, subject to insurance as required by the Village
Manager. removal deposit of $500 to be refundable, the design and
attachment mechanisms subject to the approval of the Manager. The
motion carried as amended. with the items as outlined by Mr. Weiss.
with the vote as follows: Mayor Spiegel aye: Assistant Mayor Blank
aye: Councilman Boggess aye: Councilman Hirsch' aye: Councilma❑
Taplin Aye.
9. Report on Phase Two Collins Avenue Project - William
O'Leary: Mr. O'Leary proceeded to explain the plans for
phase two of the proposed Collins Avenue project. He displayed
artistic renderings of the proposed new look for Collins Avenue.
He then proceeded to explain several alternative plans. which
included the following: planting of 147 Madjool date palms with
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208
uplighting: new street lighting: new trasn receptacle~: new benches
and new bus shelters. He explained he had contacted the
manufacture of the existing bus shelters and the cost to refurbish
was very close to the cost of purchasing new bus shelters. He
further explained this project must be permitted by the Department
of Transportation. He continued to explain that the Department of
Transportation now requires a four foot setback on the street
lights. If the existing street lights arc not moved they would
issue the permit for this as maintenance. He then proceeded to
explain the base costs and the different costs involved for the
alternatives. which are as follows:
.Alternative .1
Base costs
I5". Contingency
Total
Alternative B
Base costs
15% Contingency
Total
Alternative C
Base costs
15% Contingency
Total
$3.-9 .993.00
1.376.600.00
776.189.40
55.950.785.40
$ 262.431.00
1.3-6.600.00
345.8.9.15
$1.884.920.15
$ 353.901.00
1.373.600.00
304 575.15
52,335.0-6.15
Mr. O'Leary stated Alternate A and Alternate C is very expensive,
therefore. Alternate B would be the most feasible.
Mr. Gross explained he had requested Mr. O'Leary for the cost of
just planting the trees. which is 51.527,000 including a
contingency of $200.000.
Councilman Hirschl explained at the Resort Tax Committee meeting
the question arose if the Village really need to light the palms.
assuming new street lights and new pedestrian lighting would be
installed. He further explained the Committee approved the
concept. but not the specific details.
Mr. O'Leary stated the biggest impact of Collins Avenue occurs at
night. Therefore. the final effect would not be what is desired
unless the palms are illuminated. He then proceeded to explain the
below grade lights that would be used to illuminate the palms.
Councilman Taplin stated in his opinio❑ the costs should be
reviewed. He then proceeded to question the costs on the
replacement of the bus shelters. Mr. O'Leary explained the cost
for refurbishing the bus shelters is $139.000.00 versus the
replacement cost of 5150.000.00. Councilman Taplin questioned the
reason for new light posts. Mr. O'Leary explained the existing
light posts have three different rixtures. Councilman Taplin
Regular Council Meeting 11/15/94 4
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stated he feels a workshop meeting should be held to discuss
different items and costs.
Councilman Boggess stated he is concerned about the grates in the.
middle of the sidewalks. Mr. u'Leary explained there would be a
little jog, the reason being this was the only place to plant the
palms.
Mayor Spiegel questioned the cost for mobiiization. Mr. O'Leary
explained all contractors includes a mobilization number in theii
bid. The costs involves gathering all his materials and equipment
together on site.
Councilman Boggess stated he is in favor of the project. but the
question is should these funds be spent at this time. He continued
to explain the issues that must be addressed are: how much money is
there to work with, and how should the monies be allocated. Such
as. beach erosion. Collins Avenue Project.
Councilman Hirschl explained at the Resort Tax Committee meeting
Mr. Gross showed a video. entitled Beachsaver Reef. Mr. Gross is
looking into the possibility of this company coming to Florida. to
look into a pilot program.
It was the consensus of the Council to have a workshop meeting on
Tuesday. December Gth at 4:00 p.m. to discuss phase two of the
Collins Avenue Project. as well as viewing the Beachsaver Reef
video.
Assistant Mayor Blank questioned the amount of Resort Tax Funds
received each year. Mr. Walker, finance director, replied 1 to 1.5
million. The Council directed Mr. Walker to have the most current
figures possible for the workshop meeting.
10. Greenstone Roberts Advertising/Florida - Advertising
Service Agreement: Mr. Gross explained at the October
Resort Tax Committee meeting, the Committee voted unanimously to
continue the contract with Greenstone Roberts Advertising. He
further explained in reviewing the contract in our file. he founu
it had expired in December 1993. He continued to explain the major
change, in the new contract, is a clause that would allow the
Village to cancel immediately if the personnel of the firm change.
He then proceeded to explain financially the cost is the same at
57.500 a month plus expenses. At this time. he requested Council
approve the contract for one year.
Mr. Gross explained Frey Promotion and Marketing Group has been
notified that the Village will not automatically renew their
contract. They are now on a month to month basis. He further
explained he is in the process of working on Requests for
Proposals. which will be done before the end of the week.
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210
Assistant Mayor Blank stated that Resort Tax Revenue has gone down,
but expenses have increased. He further stated in his opinion the
Village should start balancing the budget. Therefore. the Resort
Tax Committee should realize what they are doing when they engage
extra Firms. Councilman Hirschl explained the Committee felt this
was the wrong time to cut back. but the time to move forward.
A motion was offered by Councilman Hirschl and seconded by
Councilman Boggess to approve the contract. The motion carried
with the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank
aye; Councilman Boggess aye; Councilman Hirschl aye; Councilman
Taplin aye.
11. Reports and Recommendations:
Mayor and Council Councilman Boggess stated when he was
reading the minutes of last month's Resort Tax Meeting there was a
one sentence paragraph. which said Key Promotion gave the reasons
why the Latin American program had not been as successful as
anticipated. He further stated the minutes were very vague. and he
asked the Village Clerk for more information, but had not received
a reply. Mrs. Horton explained she had listened to the tape anc
the reasons given were having to start the program late, not having
collateral material that was needed to describe Hai Harbour as a
destination. the World Cup Soccer Games being held in different
parts of the United States. Mr. Gross explained he had reviewed
the minutes of the Resort Tax Committee when Key Promotion &
Marketing was hired. At that time they stated due to the late
start they felt they would not be able to get all the advertising
that was desired.
Councilman Hirsch] questioned what has happened to the Village':.
representation on the Dade League of Cities. Mayor Spiegel
explained she resigned from the League because they did not address
any issues pertaining to Bal Harbour. Assistant Mayor Blan stated
he had attended several meetings and nothing was ever mentioned on
Bal Harbour. Discussion followed if the Village should be a member
of the League.
A motion was offered by Councilman Hirschl and seconded DV
Councilman Taplin to participate in the Dade League of Cities anr,
the dues be paid. The motion carried with the vote as follows:
Mayor Spiegel nay: Assistant Mayor Blank aye: Councilman Boggess
aye: Councilman Hirschl aye: Councilman Taplin aye.
Mayor Spiegel explained only an elected official can vote on
issues. Mr. Gross stated he will attend the meetings with a
Council member. He further stated he will convey to Mr. Marchner
the concerns of the Council.
Mr. Gross explained the Resort Tax Committee is short one member.
He further explained he had received two letters. one from the
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211
Sheraton Bal Harbour and from Mr. \oboa. Manager of Su❑ Bank,
expressing desire to serve. Mr. Singh suggested that Mr. Charles
Vento. professor at Florida International University. be
considered. Discussion followed about the number of meeting Mr.
Bouchard had missed and his continued appointment to the Committee.
Mr. Weiss explained the procedure defined in the code for removal
of a Resort Tax Committee member. Councilman Hirschl stated as
Chairman of the Resort Tax Committee he certifies to the Council
that Mr. Bouchard has not attend three consecutive meetings. The
Council acknowledged the certification.
A motion was offered by Councilman Hirschl and seconded by
Assistant Mayor Blank to appoint Mr. Noboa to serve the unexpirec
term of Mr. Bouchard. The motion carried with the vote as follows:
Mayor Spiegel aye; Assistant Mayor Blank aye: Councilman Boggess,
aye: Councilman Hirschl aye: Councilman Taplin aye.
Village Attorney
Parkig of Trucks and other Commercial Vehicles: Mr.
Weiss explained this item was on the last agenda. and was drafted
at the request of the Civic Association. He further explained Mr.
Olsen has reviewed the Ordinance and requested one change. which is
that trucks be screened from public view. He then proceeded to
explain the current noise ordinance should he revised. He further
suggested because this must come back as a zoning ordinance. it cnn
be passed in the same sequence as the parking of trucks ordinance.
Andy Revee, 90 Park Drive, stated his concern is Code Enforcement
on parking of vehicles. He requested that Code Enforcement look
into the truck parked with a sign of Deco Builders on Park Drive.
The Council directed Chief Treppeda to meet with Mr. Revee on thi:,
matter.
Mrs. Jacomo. 97 Camden Drive, questioned who is responsible for
monitoring the outside conditions of the homes in the Village. She
explained she is very concerned about the property next door to
her. A Civil Violation was issued to this property owner. but she
now understands it has been requested the Violation be reversed.
Mr. Gross explained the question has to do with the beautification
of property, such as grass and plants. There is nothing in the
present ordinance that spells out ecactly how trees should be
pruned and shaped. He then proceeded to explain the property
owner has cut his grass. then proceeded to display pictures of the
property that were taken this morning. He continued to explain
there is a major difference in the vegetation between Mrs. Jacomo
house and the property in question. Mr. Gross explained the reason
for the recommendation to the hearing officer was that so many
other properties within the Village look just like the property in
question. Since certain requirements are not defined in the code.
it is a matter of taste.
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212
Councilman Hirschl stated he went by the property and there was
debris and garbage in the flower beds. He stated this property
should be given a violation under the ordinance for unhealthy
conditions.
Mayor Spiegel suggested that Mr. Olsen, as President of the Civic
Association. speak to the owner of the property and invite him to
the Association meetings. Mr. Olsen stated he has tried to call
the owner and left messages. but his calls are never returned.
Mr. Weiss explained the Appearance Code Section 5.5-0 addresses the
issues that houses be kept neat. bushes be trimmed. He then
proceeded to read this section from the Code. He then continued to
explain the necessary procedure that must be taken when a Civil
Violation is issued.
Mr. Gross stated the property will be checked the day before the
hearing. He further questioned if the hearing officer should be
contacted or go out and look at property in question. Mr. Weis
replied no one should talk to the hearing officer. Since the
hearing officer acts as judge, they should rely on the evidence
presented by the Code Enforcement Officer.
Councilman Hirschl stated every month people arc appearing before
the Council with complaints. He further stated that a meeting
should be held to educate the Code Enforcement Officers.
Mayor Spiegel suggested the Civic Association appoint a committee
to check on unsightly appearances in the residential area. Then
bring this information to the Police Department. Mr. Olsen stated
the Association would be happy to appoint such a committee.
Denis McGeary. Bai Harbour Manor. stated the Code Enforcement
Officer is not the right one to judge. They should be educated to
abide by the Codes.
Village Manager
Workers Compensation Costs Mr. Gross explained in
reviewing the Village's Workers Compensation program and costs he
found a number of ways to reduce costs. but continue the level of
service. He further explained the current cost is $120.583.00. at
this time he recommends the Village contract with GRIT for a
managed care program, which will be using the Humana Clinics. The
Humana Clinic has two locations near the Village. but in an
emergency we can go to the nearest hospital. He continued to
explain a committee made up of Chief Treppeda. Village Clerk,
Maintenance Man Alonzo ('lark and himself visited the Humana Clinic.
The savings to the Village will he 10".; or $12.05S.00.
Mr. Gross then proceeded to explain he has written a safety
program, and when this program is in place the savings to the
Regular council Meeting 11/15/94 S
910
Village wiil be a minimum of $2.150.00. He further explained Chief
Treppeda is setting up a Drug Free Workplace Program. Thu savings
to the Village will be $4.500.00. He continued to explain with
these changes the Village will save a minimum of $18,708.30 this
fiscal year. Therefore, at this time he recommends that the
Council approve the following:
Contract with GRIT through Humana to
cover the Villages' Workers
Compensation medical claims.
Adopt the Safety Program
Declare Bat Harbour Village a Drug
Free Workplace
A motion was offered by Councilman Boggess and seconded by
Assistant Mayor Blank to approve the recommendations. Councilman
Hirschl questioned what facility the Village is now using. Chief
Trepeeda replied Kenington Clinic located on 163rd Street. The
motion carried with the vote as follows: Mayor Spiegel aye;
Assistant Mayor Blank aye: Councilman Boggess aye; Councilman
Hirschl aye: Councilman Taplin aye.
Benefit and Salary Survey Mr. Gross stated this it::m
must be deferred until next month. He explained due to the weather
David Griffith representative could not be present. councilman
Boggess referred to the recommendation on cost of living, and he
would like assurance the cost of living percentage would not be
compounding interest.
Appointment of New Members for the Architectural Review
Board: Mr. Gross explained he has received resumes from
three architects who have volunteered to be nominated for the two
vacant positions. At this time he wouid recommend to the Council
Maria de Leon-Fleities and Paul Buzinec. He further explained both
architects are from the south area of Dade County. Therefore, they
would have little chance of knowing those who would apply to tae
Board.
A motion was offered by Councilman Boggess and seconded by
Councilman Hirschl to appoint Maria de Leon-Fleities and Paul
Buzinec to the Architectural Review Board. The motion carried with
the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank aye:
Councilman Boggess aye: Councilman Hirschl aye; Councilman Taplin
aye.
Mr. Weiss explained according to the Code, the Civic Association
would nominate one member and the Council one member. He then
proceeded to question who was the appointee of the Civic
Association. Mr. Olsen. President of the Civic Association, stated
their nominee is Maria de Leon -Pieties the Director of Academic
Regular Council Meeting 11/15/94
214
Studies at the University of Miant
Request to have Traffic Mast Arms Painted Black: Mr.
Gross explained at an earlier Council Meeting. the Council withheld
making a final decision until Mr. Whitman could clear up the matter
of who was going to pay for the painting. The Florida Department of
Transportation or the Village. He further stated it has now been
verified that the Village will have to pay for the painting. The
cost is estimated between $1.100 and $1,200 per mast arms. which
are eight in number. He continued to explain the Village would be
obligated to maintain the color. He then proceeded to explain the
cost of painting would be patd for by Resort Tax Funds.
A motion was offered by Councilman Taplin and seconded by
Councilman Hirschl to authorize the painting of the mast arms
black. Discussion followed. Councilman Boggess stated he does not
see mu difference between the black and aluminum mast arms. He
then proceeded to question what the Village would be gaining from
painting the mast arms black. Mr. Whitman explainer his
conversations with Stan Cam. who did get the authorization for the
installation of mast arms. He further explained his Landscape
Architect recommended the painting of black. which would not take
away from the landscaping. The motion carried with the vote as
follows: Mayor Spiegel aye: Assistant Mayor Blank aye: Councilman
Boggess aye, Councilman Hirschl aye: Councilman Taplin aye.
Minimum Building Permit Fees: Mr. Gross explained the
Village's current building permit fee is $35.00. He continued to
explain it is now time to increase the Villages fees as most other
municipalities in this area have done. At this time he recommends
that the Council increase the minimum building permit fee to S55.00
beginning in January 1995.
A motion was offered by Councilman Boggess and seconded by
Assistant Mayor Blank to adopt the Manager's recommendation.
Discussion followed. Councilman Hirsch' questioned why increase
the fee to only $55.00 when this would not defray the cost of the
building department. He further stated he feels the fee should be
increase to a least $100.00. Councilman Boggess withdrew is motion
and Assistant Mayor Blank withdrew his second.
A motion was offered by Assistant Mayor Blank and seconded b.
Councilman Taplin to increase the minimum building permit fee to
$100.00 instead of $35.00 The motion carried with the vote
follows: Mayor Spiegel aye: Assistant Mayor Blank aye: Councilman
Boggess aye: Councilman Hirschl aye: Councilman Taplin aye.
Mayor Spiegel questioned with all the building being done in the
Village should the Village have their own Building Inspector. she
further explained she has received several complaints aboui
inspection. Mr. Gross stated he will look into this matter.
Regular Council Meeting 11/15/94 10
215
Mr. Gross explained the Village does not cnarge a fer foe a
Certificate of Use/Completion at the present time. He further
explained each unit in a condominium requires a separate
inspection. He continued to explain in most municipalities a fee
for a Certificate of Use or Completion at an average of $65.00. de
then proceeded to request the Council pass an ordinance authorizing
this fee in the amount of $45.00.
A motion was offered by Councilman Boggess and seconded Councilman
Hirsch' to authorize a fee for a Certificate Use/Completion in the
amount of $50.00. The motion carried with the vote as follows:
Mayor Spiegel aye; Assistant Mayor Blank aye: Councilman Boggess
aye: Councilman Hirschl aye; Councilman Taplin aye.
Purchase of Computer for Finance Department: Mr. Gross
explained the present main computer in the Finance Department is
now out -dated. He further explained the computer is very slow and
does not have the capacity to hold the new programs and extended
memory. He continued to explain after consulting with the
Village's outside consultants. we went out for bids. He then
proceeded to explain three bids met the criteria and include
maintenance for three years. they are as follows:
Business Ware $7.963.00
Tresun Corporation $7.272.00
National Dade Products $6.380.47
Mr. Gross stated at this time he is requesting authorization to
award the contract to the low bidder. National Data Products. in
the amount of S6.380.47. He further explained this item has been
budgeted in the amount of S7,300.00
A motion was offered by Councilman Hirschl and seconded by
Assistant Mayor Blank to approve awarding the bid to National Data
Products in the amount of $6.380.47. The motion carried with the
vote as follows: Mayor Spiegel aye: Assistant Mayor Blank aye:
Councilman Boggess aye: Councilman Hirschl aye: Councilman Taplin
aye.
Fourth of July Fireworks: Mr. Gross explained it has
been the practice of the Village to authorize this contract. He
further explained this is clone at this time of year in order to
receive the discount offered by zambelli Internationale.
A motion was offered by Councilman Boggess and seconded by
Councilman Hirschl to approve the contract with Zambelii
Internationale. The motion carried with the vote as follows: Mayor
Spiegel aye; Assistant Mayor Blank aye; Councilman Boggess aye:
Councilman Hirschl aye; Councilman Taplin aye.
12. Other Business: Mr. Olsen stated he attended the Bay
Harbor islands Council meeting. and the Council deferred action on
Regular Council Meeting 11/15/94
216
the allocation of the S27.000.00. The reason being the Resolution
was not prepared. Therefore. this was deferred until their
December meeting.
13. Adjourn: There being no further business to come before
the Council, a motion was offered by Councilman Boggess and
seconded by Councilman Hirschl to adjourn. The motion carried
unanimously (5-0), and the meeting adjourned at 12:30 p.m.
Ma Estel e Spie_e
Attest:
Jeanette Horton, CMC/.4AE
Village Clerk
Regular Council Meeting 11/15/04 12